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What If an Accident Victim Was Also to Blame?

By The Husband and Wife Law Team on July 3, 2017

Not too many people think about what happens after someone is involved in a car accident…until it happens to them. Who should I call? What should I do? Was it my fault? What if both parties are injured? What happens next?

It’s important to remember that the first step is to get medical attention for everyone. This means calling 911, or asking someone else to call if you are incapacitated. In the stress of the moment, don’t talk about who is at fault or what happened. Just stay calm and wait for police and medics to arrive. If you are able to, call your insurance company and alert them to what has happened. Take photos of the vehicles and your surroundings if you can, or ask a witness to.

It is not uncommon for all parties involved to be injured. In accidents, even the person who is at fault can be seriously injured or killed. In most accident cases, the insurance companies pay out the settlements on behalf of the party at fault, regardless of the injuries that person suffered.

Steps to Take If You Are in an Accident

• Call 911. Wait for medical help and police to arrive.
• Take photos and call your insurance agent to alert them of the accident, if possible.
• Contact The Husband and Wife Law Team.

Once our law team has your information, we can determine if you have a case. We will help you file a claim and we will talk directly with the insurance company of the person who is responsible for the accident. We will work to negotiate a settlement on your behalf, which you can use to cover hospital bills, rehabilitation cost, lost wages, vehicle repair, and more.

What If the Accident Victim Was at Fault?

It’s sometimes difficult to know who was at fault. That’s where The Husband and Wife Law Team at Breyer Law Offices, P.C., comes in. We work to review the facts of the case, and we might even visit the scene of the accident and talk to witnesses to get a clearer picture of what happened. Then we work to negotiate a settlement on behalf of the victims. Sometimes the victims die from their injuries. In those cases, we work with their immediate family members.

If the person who is at fault for the accident is also injured, we talk to their insurance company, which works on their behalf. It is the insurance company that typically pays out the settlements to victims.

It’s important to know that when you receive a settlement, it is coming from the insurance company and NOT directly out of the pocket of the person at fault. You are not taking money away from them. Many victims feel guilty about accepting settlements when the other party is injured as well, until they understand where the money comes from. Insurance companies have been collecting premiums for months or even years for exactly this type of situation—to pay out when someone is injured and files a claim.

Posted in: Auto Accident

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Confidentially reviewed by Attorney Mark Breyer